§ 170.56 Adjournment in contemplation of dismissal in cases involving marihuana.
That is the entirety of the adjournment in contemplation statute under 170.56, and unlike the CPL 170.55 ACD, the consent of the prosecutor is not required if the client has no prior criminal record nor any prior youthful offender adjudications involving controlled substances. However, the client is not eligible for the marijuana ACD if he/she has ever been convicted of an offense involving controlled substances or has previously received an ACD under 170.56. Moreover, unlike an ACD under 170.55, the Court can order that the Mariuana ACD remain open for 12 months and can order conditions which must be fulfilled during that time period by the client.
If the case is not restored within that time period, the Court will dismiss the case in the furtherance of justice and and the arrest essentially becomes a nullity. It is important to note that the dismissal will occur under CPL 160.50.